Waukesha & Milwaukee Child Pornography Defense Lawyers

Sex Crime Against Children Charges - Milwaukee Criminal Defense Attorney Dedicated to Protecting You

The jury instructions provide that in Wisconsin, a person charged with Child Pornography may be convicted if: 
Possession of a Recording of Child Pornography
  • ​The defendant possessed a recording.
  • The recording showed a child engaged in sexually explicit conduct.
  • The defendant knew that the recording showed a person engaged in actual or simulated sexually explicit conduct.
  • The defendant knew or reasonably should have known that the person shown in the recording engaged in sexually explicit conduct was under the age of 18 years.
Wisconsin JI-Criminal 2146A​

* Sexually explicit conduct means sexual intercourse (vulvar penetration as well as cunnilingus, fellatio, or anal intercourse between persons or any other intrusion, however slight, of any part of a person's body or of any object into the genital or anal opening either by a person or upon a person's request.  The emission of semen is not required); bestiality; masturbation; sexual sadism or sexual masochistic abuse including, but not limited to, flagellation, torture or bondage; or lewd exhibition of intimate body parts.  Wisconsin Statutes § 948.01(7).

Exhibiting or Playing a Recording of Child Pornography
  • The defendant knowingly exhibited or played a recording
  • The recording showed a child engaged in sexually explicit conduct.
  • The defendant knew that the recoding showed a person engaged in actual or simulated sexually explicit conduct.
  • The defendant knew or reasonably should have known that the person shown in the recording engaged in sexually explicit conduct was under the age of 18 years.
Wisconsin JI-Criminal 2146B​
Wisconsin Statute 948.12(1m) defines Possession of Child Pornography, cited in part below, as follows:

Whoever possesses, or accesses in any way with the intent to view, any undeveloped film, photographic negative, photograph, motion picture, videotape, or other recording of a child engaged in sexually explicit conduct when 
  • The person knows that he or she possesses or has accessed the material.
  • The person knows, or reasonably should know, that the material that is possessed or accessed contains depictions of sexually explicit conduct.
  • The person knows or reasonably should know that the child depicted in the material who is engaged in sexually explicit conduct has not attained the age of 18 years.

     OR ​

Whoever exhibits or plays a recording of a child engaged in sexually explicit conduct, when
  • (a) The person knows that he or she has exhibited or played the recording.
  • (b) Before the person exhibited or played the recording, he or she knew the character and content of the sexually explicit conduct.
  • (c) Before the person exhibited or played the recording, he or she knew or reasonably should have known that the child engaged in sexually explicit conduct had not attained the age of 18 years.

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For more information about a state or federal Milwaukee sex crime lawyer or Waukesha criminal defense attorneys available at our Waukesha & Milwaukee, WI criminal law offices, please contact us today!  Also visit our informative Wisconsin criminal lawyer resources page.  
Waukesha and Milwaukee _alt crime__ Defense Lawyers in Wisconsin
CRIMINAL LAW PRACTICE
Child pornography and other child sex crimes in Wisconsin are serious offenses that subject you to severe consequences.  In Wisconsin, it is a crime to sexually assault a child, including sexual contact or intercourse with a child, traffic a child for purposes of a commercial sex act or sexually explicit performance, to cause a child to listen to or view sexual activity, and to possess or exhibit child pornography.  Wisconsin sex crimes, and in particular sex crimes against children, are prosecuted with special vigor in Milwaukee and the surrounding communities. If you are criminally charged with a child sex offense in Milwaukee, Waukesha, elsewhere in SE WI you will need a strong legal defense.  The Waukesha and Milwaukee criminal defense attorneys at Gamiño Law Offices have experience in various kinds of child sexual abuse crimes, including child pornography and Milwaukee child sexual assault charges.  

It is our mission to offer the best Wisconsin criminal defense lawyer in Milwaukee, Waukesha and the area to represent you when you are facing criminal charges in Milwaukee or anywhere in SE Wisconsin.  Our lawyers guard you, your rights, your reputation, your job, your future, and your freedom!  If you have been arrested or charged with child porn or other sex crime against a child in Milwaukee, WI, or anywhere in Southeastern Wisconsin, call us right away.  Any time you are under investigation for a criminal offense in Wisconsin, tell police officers that you wish to speak with an attorney immediately. Early intervention by an experienced Milwaukee criminal defense attorney makes all the difference in the outcome of a  Wisconsin criminal case.

Not every criminal defense lawyer in Milwaukee will have the experience, trial skills, or ability to present a compelling case in court or negotiate a favorable plea agreement. At Gamiño Law Offices, our team of accomplished Waukesha & Milwaukee criminal trial and appellate attorneys have an impressive record of winning litigation skills, from pretrial motions to court or jury trials, and appeals. With more than 30 years of combined criminal defense experience, we have the competent skill and aggressive ability necessary to get the results you need.
Wisconsin Child Pornography Charges
Possible sentencing consequences when charged with Child Pornography in Milwaukee, Waukesha or elsewhere in Wisconsin

If convicted of possession, exhibiting or playing child pornography in Wisconsin, 
  • If the defendant is under the age if 18, it is a Class I Felony which allows for possible penalties of up to 3 1/2 years of imprisonment, with a maximum of 1 1/2 years of initial confinement, a maximum of 2 years extended supervision, and a fine of up to $10,000.
  • If the defendant is over the age of 18, it is a Class D Felony which allows for possible penalties of up to 25 years imprisonment, with a maximum of 15 years of initial confinement, a maximum of 10 years of extended supervision, and a fine of up to $100,000.
  • Conviction for this offense may subject the offender to lifetime sex offender supervision.

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